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NY H83890




August 14, 2001

CLA-2-61:RR:NC:WA:361 H83890

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.31.0010; 6108.91.0030

Ms. Lucia Buckman
Customs Compliance Auditor
Associated Merchandising Corp.
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of women’s knit sleepwear separates from Singapore or Fiji.

Dear Ms. Buckman:

In your letter of July 27, 2001, you requested a classification ruling for five garments. As you have requested, these garments are being returned to you.

All of the garments are constructed from 60% cotton, 40% polyester mesh knit fabric.

Style 65524 is a woman’s camisole styled pajama top with a v-neckline in front; ¼ inch adjustable shoulder straps; lace trim around the upper edge; and a plain, hemmed bottom.

Style 65523 is a pair of woman’s pajama shorts with an elasticized waistband and lace trim around the leg openings.

Style 65526 is a nightgown that extends to mid thigh and features a v-shaped neckline; ¼ inch adjustable shoulder straps; and lace trim around the neckline and bottom.

Style 65527 is a pair of woman’s pajama pants with an elasticized waistband and lace trim around the leg openings.

Style 66114 is a woman’s camisole styled pajama top with a u-neckline in front; ¼ inch adjustable shoulder straps; and a lace trim around the bottom.

You have indicated that these items are part of a sleepwear grouping. The pajama tops and bottoms will be offered separately to provide your customers with a choice of sleepwear styles. Based on their appearance, as well as the manner in which they will be sold, the garments are considered sleepwear.

The applicable subheading for style 65526 will be will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...nightdresses of cotton. The rate of duty will be 8.6 percent ad valorem.

If imported in equal numbers of matching pajama tops (styles 65524 and 66114) and bottoms (styles 65523 and 65527) in the same shipment, the applicable subheading for the pajamas will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas of cotton. The rate of duty will be 8.6 percent ad valorem.

If imported separately, and for any non-matched garments, the applicable subheading for each style (65524, 66114, 65523 and 65527) will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...pajamas and similar articles of cotton. The rate of duty will be 8.6 percent ad valorem.

If imported in equal numbers of matching pajama tops (styles 65524 and 66114) and bottoms (styles 65523 and 65527) in the same shipment, the pajamas fall within textile category designation 351; each style (65524, 66114, 65523 and 65527) imported separately, and any non-matched styles fall within textile category designation 350. Based upon international textile trade agreements products of Singapore are subject to quota and the requirement of a visa. These categories, imported from Fiji are not, at present, subject to quota or the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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